Overtime rule in Kenya
Kenya's overtime pay is set by the Regulation of Wages (General) Order, 1982 (Legal Notice No. 120 of 1982, as amended), read together with the Employment Act, 2007. Under Section 5(1) of the Order, the normal working week is not more than 52 hours spread over six days (45 hours is common in practice for daytime office work, but 52 is the statutory ceiling). Section 6 requires that any time worked beyond the normal weekly hours is paid at one-and-one-half times (1.5x) the normal hourly rate, and time worked on the employee's normal rest day or on a public holiday is paid at twice (2x) the normal hourly rate for all hours worked that day.
Where an employee is not paid by the hour, the Order deems the basic hourly rate to be not less than one two-hundred-and-twenty-fifth (1/225) of the employee's basic minimum monthly wage. So a worker earning KES 22,500 per month has a basic hourly rate of at least KES 100.
Kenya overtime rates
| When work is done | Pay multiplier |
| Overtime on a normal working day (beyond normal weekly hours) | 1.5x normal hourly rate |
| Work on the weekly rest day (all hours) | 2.0x normal hourly rate |
| Work on a public holiday (all hours) | 2.0x normal hourly rate |
| Normal working week cap | 52 hours over 6 days |
| Max hours incl. overtime (per 2 weeks, day workers) | 116 hours |
| Max hours incl. overtime (per 2 weeks, night workers) | 144 hours |
Worked example (KES)
Asha earns KES 22,500 per month. Her basic hourly rate is 1/225 of that = KES 100/hour. In one week she works 60 hours instead of her normal 52. The 8 extra hours are overtime, paid at 1.5x:
8 hours x KES 100 x 1.5 = KES 1,200 overtime, on top of her normal pay. If she had instead worked 8 hours on a Sunday rest day, all 8 hours would be paid at 2x: 8 x KES 100 x 2 = KES 1,600.
Rest day, public holiday and night work
Every employee is entitled to at least one rest day in every seven-day period (Employment Act, 2007, s.27). Work on that rest day, or on any of Kenya's gazetted public holidays, is paid at the 2.0x rate for the full day. Kenya's Employment Act does not fix a separate statutory night-shift premium percentage; night-shift allowances are instead set by individual contracts, sector wages orders, or collective bargaining agreements (CBAs). Night workers do, however, have a lower fortnightly ceiling and capped night overtime.
Caps, exemptions and how to complain
Total working time including overtime must not exceed 116 hours in any two consecutive weeks for ordinary day workers, or 144 hours for night workers. Managerial and certain senior staff may be treated differently under their contracts, and specific sectoral wages orders (for example agriculture) can set their own figures. Overtime entitlements are enforced by the Ministry of Labour and Social Protection through its labour officers and the Directorate of Occupational Safety and Health Services (DOSHS). A worker who is underpaid can raise a complaint with the nearest County Labour Office, and unresolved disputes can be referred to the Employment and Labour Relations Court.
- What is the overtime rate in Kenya?
- 1.5x the normal hourly rate for overtime on a normal working day, and 2x for all hours worked on a rest day or public holiday, under Section 6 of the Regulation of Wages (General) Order, 1982.
- How many hours is a normal working week in Kenya?
- Up to 52 hours spread over six days. Anything beyond the normal weekly hours counts as overtime.
- How is the hourly rate worked out for a salaried employee?
- The Order deems the basic hourly rate to be at least 1/225 of the basic minimum monthly wage. For a KES 22,500 salary, that is KES 100 per hour.
- Is there a night-shift premium in Kenya?
- There is no single statutory night premium percentage. Night allowances are set by contracts, sector wages orders, or CBAs, though night workers have separate hours caps (max 144 hours per two weeks).
- What is the maximum overtime I can be asked to work?
- Total hours including overtime cannot exceed 116 in any two consecutive weeks for day workers (144 for night workers).